News & Analysis as of September 24, 2024

National Labor Relations Board › Union Organizers › Corporate Counsel

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The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed... more +

The National Labor Relations Board is an independent agency of the United States federal government created in 1935 as part of the National Labor Relations Act. The Board consists of five presidentially-appointed members, who are charged with overseeing union elections and hearing complaints of unfair labor practices under the NLRA. less -

SCOTUS Delivers Starbucks a Win in Labor Dispute: Here’s How the Ruling Impacts Employers

Fisher Phillips on 6/14/2024

The Supreme Court just sided with Starbucks in a case where the Labor Board tried to force the company to temporarily reinstate workers who were fired for hosting media interviews afterhours in a closed store. Starbucks said...more

Starbucks Asks SCOTUS for Clearer Standard for NLRB Injunctions: What Employers Need to Know

Fisher Phillips on 4/18/2024

In a case before the Supreme Court, Starbucks says it fired several employees for violating valid company policies — but the National Labor Relations Board convinced a lower court to reinstate the employees while a legal...more

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on 12/4/2023

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on 11/30/2023

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

New GC Memo Providing Guidance on Cemex Decision

Proskauer - Labor Relations Update on 11/9/2023

As recently discussed, the National Labor Relations Board (“NLRB”) issued a major decision this summer in Cemex Construction Materials Pacific, LLC, 372 NLRB No. 130 (2023). The decision gave labor unions the upper hand in...more

That Was Fast: Judge Orders Cannabis Company to Recognize and Bargain with Union Under “Cemex”

Proskauer - Labor Relations Update on 9/28/2023

As we recently discussed, the National Labor Relation Board’s (“NLRB”) monumental ruling in Cemex Construction Materials Pacific, LLC, 327 NLRB No. 130 (2023), is going to have a significant impact on the manner in which...more

Post-Labor Day Wrap Up: What NLRB’s 2023 Decisions Mean for Employers

Jackson Lewis P.C. on 9/22/2023

In the weeks surrounding Labor Day 2023, the National Labor Relations Board overturned precedent with decisions and rules significantly impacting both union and non-union employers. The result is labor laws encouraging both...more

NLRB returns to “micro-bargaining units” for union representation elections

Constangy, Brooks, Smith & Prophete, LLP on 12/16/2022

On Wednesday, the National Labor Relations Board modified the standard used to determine whether a “petitioned-for” bargaining unit is appropriate for union representation when a party contends that the unit is inappropriate...more

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 24th, Roanoke, VA

Woods Rogers on 9/27/2022

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 20th, Charlottesville, VA

Woods Rogers on 9/26/2022

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

[Hybrid Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 19th, Norfolk, VA

Woods Rogers on 9/23/2022

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 13th, Richmond, VA

Woods Rogers on 9/22/2022

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

[Event] Stronger Together: 2022 Labor & Employment Law Seminar - October 6th, Lynchburg, VA

Woods Rogers on 9/21/2022

Strong collaboration between HR and legal is crucial in the ever-changing landscape of labor and employment laws. Working together can help you avoid potential legal risks and find quick resolutions to employee-related...more

Tesla Decision Overrules Employer Bans on Pro-Union Apparel

Stevens & Lee on 8/30/2022

The National Labor Relations Board (NLRB) held in a split decision that employers violate federal labor law by interfering in any way with an employee’s right to display union insignia without showing justifying special...more

Top Five Labor Law Developments for May 2022

Jackson Lewis P.C. on 6/16/2022

1. The National Labor Relations Board (NLRB) General Counsel’s office issued a memorandum reiterating the rights of immigrant workers under the National Labor Relations Act (NLRA). Continuing its aggressive approach to...more

General Counsel Abruzzo Looks to Overturn Board Precedent Again: This Time, Seeking to Broaden Union Access to Public Spaces

Proskauer - Labor Relations Update on 5/31/2022

In an Advice Memorandum released on May 25, 2022, NLRB General Counsel Jennifer Abruzzo laid out a blueprint for changes she’d like made to Board precedent concerning union representatives’ access to employer property. At...more

Top Five Labor Law Developments for February 2022

Jackson Lewis P.C. on 3/11/2022

1. The National Labor Relations Board (NLRB) General Counsel directed NLRB regions to seek preemptive injunctions for alleged unlawful threats during union campaigns. NLRB General Counsel Jennifer Abruzzo issued a memorandum...more

Top Five Labor Law Developments for September 2021

Jackson Lewis P.C. on 10/12/2021

1. National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo mandated the seeking of more aggressive remedies in unfair labor practice (ULP) cases. Office of General Counsel Memorandum GC 21-06, Seeking Full...more

Third Time The Charm? NLRB To Revisit Rights Of Contractor Employee Access To Employer Property

Jackson Lewis P.C. on 9/10/2021

The National Labor Relations Board (NLRB) must reconsider its newest ruling on the rights of certain employees to access private property to engage in activity on behalf of a union, the U.S. Court of Appeals for the District...more

Top Five Labor Law Developments For July 2021

Jackson Lewis P.C. on 8/23/2021

1. The Senate confirmed Jennifer Abruzzo to the National Labor Relations Board (NLRB) General Counsel post and Gwynne Wilcox and David Prouty as NLRB members. Approved on July 21 by a narrow 51-50 vote, with Vice President...more

Scabby The Rat to Remain a Fixture at Union Protests

Fisher Phillips on 7/22/2021

In a 3-1 decision, the National Labor Relations Board (NLRB) has ruled that unions may continue deploying “Scabby” the inflatable rat and similar balloons at demonstrations against non-union businesses. The board considered...more

NLRB General Counsel Makes it Easier to Attack Neutrality Agreements

ArentFox Schiff on 9/11/2020

A “neutrality agreement” is generally one in which an employer agrees neither to assist nor oppose a union organizing campaign. In practice, though, some agreements require the employer’s active support. Not only that, but...more

NLRB Expands Definition of ‘Solicitation’ in Precedent Altering Decision

Seyfarth Shaw LLP on 6/5/2020

Seyfarth Synopsis: The National Labor Relations Board issued a decision in Wynn Las Vegas, LLC, 369 N.L.R.B. No. 91 (May 29, 2020) that redefines “solicitation” to include any employee activity encouraging other employees to...more

NLRB Rejects Hospital’s Bid To Stay Representation Election based On COVID-19 Pandemic

Jackson Lewis P.C. on 4/24/2020

In an unpublished decision, the National Labor Relations Board (NLRB) has denied an acute- care hospital’s request to stay a representation election based on the COVID-19 pandemic. Crozer-Chester Medical Center, Case...more

The National Labor Relations Board 2019 Year End Review: An Overview of Major Developments in Labor Law

McNees Wallace & Nurick LLC on 3/2/2020

If 2018 was a year of elevator music at the National Labor Relations Board, 2019 was symphony of sound. The Board’s initiatives were varied, high-profile and in the vast majority of cases, the developments were positives for...more

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